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to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly w
pieces, we won't be able to answer some of those questions. >> hagel also said the obama administration doesn't have enough information yet to decide whether the surviving 19-year-old tsarnaev brother should be sent to the guantanamo bay prison for terror suspects. >>> we're learning much, much more about the suspects now from the russian republic of dagestan where their father now lives. now cnn can exclusively reveal alleged boston bomber tamerlan tsarnaev, the older brother, had video of a jihadist on his youtube channel. let's get to nick paton walsh now, he joins us by phone from dagestan. so nick, what do you know about this video? i just spoke with the police commissioner here in boston. he says this is a major development to him and it is going to be used in the investigation. >> what we know -- a youtube channel which tamerlan tsarnaev put up, had a link to and had a section called terrorists and had had a link to this man. the link was taken down but we have found the video that appeared to link to. he was a militant from azerbaijan. the better known name here is del gato. wha
between the obama administration and some of the republican -- sorry about this and what that means is the obama administration has said the criminal justice system can make this work, the criminal can handle national security risks like this person, terrorists have been prosecuted, moussaoui. this administration is committed to using the american courts there are some critics, like senator mccain, like senator graham, who say that's too big a risk, that we have too many protection, we have too many abilities on the part of these defendants not to answer questions that put all of us at risk but i don't think there's any chance the obama administration is going to change its mind and use something other than the criminal justice system for this case. >> because a lot of people are raising questions, they had apparently some explosive devices, some weapons, rifles, hand grenades, stuff that's pretty expensive. where did they get this material? where did the money come from that helped them purchase this material? that's why some of these republican senators, lawmakers, are asking for
has only just begun, and the decision by the obama administration, not to designate him as an enemy combatant is upsetting several republicans. >> i have been informed that the obama administration has indicated this suspect in boston will not be treated as enemy combatant. i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and
the hamptonality. >>> i have been informed that the obama administration has indicated this suspect in boston will not be treated as an enemy combatants. i strongly disagree with the obama administration's decision to rollout enemy combatants status for this suspect at this time. >> sticking around for the second part of our debate, he fled with his tail between his legs. senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american citizen who is accused of committing an american crime against mostly american citizens in boston as an enemy combatants. it would turn our country -- >> it has never happened before. >> into martial law. the supreme court struck that down and american citize
of the proceedings. what's your assessment, jeff, of the initial hearing and the fact that the obama administration decided to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforce
innocent. >> let's talk about the larger issue of the obama administration and their handling of this horrible crisis. as an analyst, with what do you think? how did they do? >> at least from the outside, and we aren't going to know for another six months or a year when there are reports written, but i was there on 9/11. i was in front of a camera on 9/11. it felt a real change. the training and the investments and the practice and the work all came together. i thought people -- it was sobering. the city of boston responded. . everyone stayed indoors. everyone did what they were told to do. at least so far, yes, mistakes were made. but in the big picture, they did extremely well. >> and you could also see the results of 9/11 in sense of boston is a real, for lack of a better term, a surveillance city. there are cameras all over the city and those cameras, whatever you think of them in terms of civil liberties, those cameras helped the investigation. >> and there are a lot of things that exist today that didn't exist on 9/11. facebook, camera phones that take pictures. people a
but is it not possible that the obama administration unlikely but possible that they would choose to designate him an enemy combatant prosecute him in military court? >> to get into that discussion now is to get way ahead of the situation and a lot of speculation and conjecture. cases like this have been made countless times. you look at the world trade center case, many other cases have been done successfully here through our criminal justice system and my guess is that is the way it is going on this one as well. >> thank you so much. david kelley, i appreciate it. we're just learning that president obama will give a statement on the failed gun control amendment that will be in the rose garden at 5:30 p.m. eastern. we'll be right back. [ dog ] you know, i just don't think i should have to wait for it! who do you think i am, quicken loans? ♪ at quicken loans, we won't make you wait for it. our efficient, online system allows us to get you through your home loan process fast. which means you'll never have to beg for a quick closing. one more way quicken loans is engineered to amaze. bonkers, look
, there was never really, at least among the obama administration, never a thought of having this guy being charged or treated as an enemy combatant. >> nor in the bush administration. every terrorist arrest inside of the united states has been tried in a united states criminal court, in a federal district court. that's what president bush did. that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know that. >> jeff, thank you very much. fran, julia, as well. appreciate it. follow me on twitte twitter @andersoncooper. what do you think? should he be charged in a criminal court opposed to an enemy combatant? >>> and we will dig in to the case. the older suspect spent la
an organization that once gave the obama administration an f previously for its efforts on gun control and that person said this issue wouldn't even be before the senate if it weren't for the white house's efforts to date. it's an issue the president has personally championed and this loss he said, sit'll be a personal defeat for him so he is going to continue to fight. >> wean the president is coming here to boston tomorrow with the first lady to participate in an interfaith service at 11:00 am eastern tomorrow morning. do we anticipate when the president starts speaking now in the rose garden he will also address what has happened here in boston? >> no. these remarks will not address, he will not address boston in these remarks. this will focus squarely only on guns. he did talk about boston earlier today in a wounded warriors event when he said unexpectedly, tragically, some of our own americans became wounded citizens earlier this week in boston. don't look for him to talk about the boston event in these rose garden remarks, wolf. >> stand by. as soon as the president comes into th
precisely defined. the obama administration said 48 hours, but that's simply their interpretation. now, this hole miranda issue though i think we can overstate its importance. all miranda does is restrict whether those statements can be used against tsarnaev himself in a court case. they can still use all this other evidence that they have against him. so they may simply decide we're not going to use these statements at all. we're going to prove our case with other evidence. >> true, jeff. >> but then it doesn't matter. >> i'm curious about the voluntary statements. if he offers something up, can't that also be used as opposed to bringing it out in interrogation? >> yes, although it would be difficult to say that an intubated sedated person suddenly decided to write out answers to questions. i think it's quite clear he's being questioned here. the real issue is does the government want to use those answers in court or do they simply want to use it to continue their investigation, which they certainly have every right to do. >> but there's one other issue that relates -- >> go ahead, pr
both the bush and the obama administrations have done remarkable work in preventing many more of these things. and when they do happen, we have to come together as a country and support each other. this should not be politicized. i would be disappointed if we ended up trying to politicize this, trying to make some point about immigration or gun control or -- or republican/democrat. we all were hurt as a nation. we should all heal together as a nation. >> i want to thank all our panel who have been working with us really all throughout this week but also especially these last 23, 24 hours. it really was 24 hours ago, around 10:00 last night when that report of a robbery at a convenience store kicked off what was the final end game in this manhunt that as mayor giuliani said and juliette echoed, it is not over. it is the beginning of a whole new phase. and final notes now. as john king mentioned about the people who should not be forgotten and should be remembered long after the suspects fade into history and we forgot their names as hopefully we will one day. history should not
disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the s.w.a.t team that took tsarnaev into custody describes the final moments to anderson cooper. let's listen. >> let's do it. let's do what we're trained to do. this is the suspect. we're trained to go in and apprehend him. you can see one hand is clear of any weapons each time he went the other way, his hand went down inside the boat out of our view. i know everybody here we've spoken about it. each time he did that, we had to assume he was reaching for either a weapon, a firearm or some explosive ignition device to kind of draw us in and take us out in a suicide type manner. he did that a couple of times as we're still approaching
? >> fundamental question, is this an international terrorism investigation, and did the obama administration know something about these two men back as far back as 2011. what we now know is that the fbi at the request of another country, no one is saying it's russia, at the request of another country looked into the activities of the older brother. there was concern that another country expressed about him. the fbi issuing a statement last night about all of that, and saying in part, and let me read it, "the request stated it was based on information that he, the older brother, was a follower of radical islam and a strong believer, and that he had changed drastically since 2010, as he prepared to leave the united states for travel to the country's region to join unspecified underground groups." we don't know that this request to look into him came from russia, but now russian president vladimir putin today saying he wants some cooperation obviously with u.s. investigators. the u.s. intelligence community, the fbi, the cia now going back through everything they have, trying to see if there were, i
that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exception and that's to protect the rest of us, to make sure there aren't any accomplices, any other direct and immediate threats. but after that, it is in the interests of the country to be able to ross cuku prosecute him public courtroom and have people understand what happened. so it is important for the administration and justice department and fbi to give him hir miranda right so is they can use all the evidence against him. there will be many victims and survivors who feel it is important to hav
system of justice. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend, cnn analyst, former homeland security adviser to president george w. bush. and fran, i want to get your take here. where do you think the investigation stands right now? we've had these initial criminal complaints given dzhokhar tsarnaev. we've seen sort of the case laid out just a little bit. but how about the investigation itself? what are the next steps? >> well, first of all, we know from investigators that they're cooperating with the russians. i talked to sources, federal sources, and the cooperation between russian authorities and the fbi is quite good. both want to understand what they mig
balance that? >> i think the obama administration has done a great job so far in this case in striking that balance. i think they were right to invoke the public safety exception to miranda, which says, hey, if you've got a guy who is a dangerous terrorist, where there may still be attacks that are imminent, where he may have co-conspirators, there may be another bomb out there, you don't have to immediately read the miranda warnings. you can do what any sensible person would do and any sensible police officer would do, first, talk to the guy and make sure there is no other imminent threat. and then i think after they did that initial questioning, they also did the right thing to move him to the civilian criminal justice system. you know, senator graham and others have suggested, oh, no, they should have held him as an enemy combatant, should have held him under the laws of war, i think the experience in the jose padilla case and other cases shows that trying one of these new categories leads to years of legal confusion. >> jenny, let me jump in. just to both of you and we'll wrap this
-- department of homeland security administration under president obama, worked for governor deval patrick. you heard gabe ramirez's report. you know that the fbi is trying to figure out if there is a connection, this individual has been asked to strip naked. none of this, you are a boston resident, you know that none of this is normal activity, even for a high -- a big pursuit of a major criminal. none of this is normal even for that scenario. what are your thoughts as the story unfolds? we want to keep away from speculation as to what we don't know. what is the information you're waiting to hear from law enforcement? >> well, we'll hear a definite determination, i think, that if it's not a match. in other words, they have no interest in everyone, including the public, it seems like everyone is awake right now based on my e-mails. they have no interest in having the public believe that the marathon bombers, the marathon culprits are caught. so if it's not a match, that will come out faster than if it was a match. that's simply -- why get everyone all worked up that these guys have been capture
now? >> hi there, chris and john. obviously the key steps of the administration here is trying to figure out who and why. two questions that at this point are still very much unknown. as you mentioned, john, president obama received an update overnight from one of his homeland security advisers. we know that he will be briefed later this morning by that homeland security adviser, alissa monaco, as well as by the director of the fbi robert mueller and his other senior members of his team. he did find out about this initially around 3:00 p.m. eastern time yesterday. he took to the podium a little after 6:00 p.m., promising that the u.s. will respond. >> we still do not know who did this, or why. and people shouldn't jump to conclusions before we have all the facts. but, make no mistake, we will get to the bottom of this. and we will find out who did this, we'll find out why they did this. any response -- any responsible individuals, any responsible groups, will feel the full weight of justice. >> the white house released a photo of president obama on the phone with the fbi direct
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